Currie V Misa
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Currie V Misa
''Currie v Misa'' (1875) LR 10 Ex 153; (1875–76) LR 1 App Cas 554, is an English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ... case, which in the Exchequer Chamber contains a famous statement by Lush J giving the definition of consideration in English law. Lush J said, Facts A company named Lizardi & Co, then in good credit in the City, sold four bills of exchange to Mr. Misa, drawn from a bank in Cadiz. Mr. Currie was the owner of the banking firm and the plaintiff bringing the action. The bills of exchange were sold on the 11th of February, and by the custom of the bill, brokers were to be paid for on the first foreign post-day following the day of the sale. That first day was the 14th of February. Lizardi & Co. was much in debt to his banking firm, and ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment b ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ...
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Lush J
Lush may refer to: People Music * Lush (band), a British rock band * ''Lush'' (Mitski album), a 2012 album by Mitski * ''Lush'' (Snail Mail album), a 2018 album by Snail Mail * "Lush", a single by Skepta featuring Jay Sean * ''Lush 3'', a single by Orbital Other * Lush., the standard author abbreviation used to indicate Alfred Wyndham Lushington as the author when citing a botanical name * ''Lush'' (novel), a 2006 novel by Natasha Friend * ''Lush'' (film), a 1999 film starring Campbell Scott * Lush (company), a cosmetics company * Lush Radio, the student radio station of the University of Leicester * A person who drinks alcohol to excess habitually, see Drunkenness or Alcoholism * Lush 99.5FM, a Singaporean radio station See also * Lush Life (other) Lush Life may refer to: Film and television * ''Lush Life'', a 1993 TV movie starring Jeff Goldblum * ''Lush Life'' (TV series), a 1996 American sitcom * "Lush Life", an episode of the sitcom ''The King of Quee ...
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Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ...
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Bills Of Exchange
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. #Consideration is presumed. #The transferee acquires a good title, even though the transferor had a defective or ...
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Lord Coleridge CJ
John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales, Chief Justice of the Common Pleas and Lord Chief Justice of England. Background and education Coleridge was the eldest son of John Taylor Coleridge, and the great-nephew of the poet Samuel Taylor Coleridge. He was educated at Eton and Balliol College, Oxford, and was called to the bar in 1846. Coleridge was a member of the Canterbury Association from 24 June 1851. Legal career Coleridge established a successful legal practice on the western circuit. From 1853 to 1854 he held the post of secretary to the Royal Commission on the City of London. In 1865 he was elected to the House of Commons for Exeter for the Liberal Party. He made a favourable impression on the leaders of his party and when the Liberals came to office in 1868 under Wil ...
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Balfour V
Balfour may refer to: People Earls of Balfour * Arthur James Balfour, 1st Earl of Balfour (1848–1930), British Conservative politician, Prime Minister of the UK (1902-1905), made the public statement of Balfour Declaration * Gerald Balfour, 2nd Earl of Balfour (1853–1945), British Conservative politician * Robert Balfour, 3rd Earl of Balfour (1902–1968) * Gerald Arthur James Balfour, 4th Earl of Balfour (1925–2003) * Roderick Balfour, 5th Earl of Balfour (born 1948) Other people * Balfour (surname), a Scottish family name * Lord Balfour of Burleigh * Baron Balfour of Glenawley * Sir Graham Balfour (1858–1929), Victorian statistician and member of Florence Nightingale's inner circle * Sir Isaac Bayley Balfour (1853–1922), a Scottish botanist and son of John Hutton Balfour * John Hutton Balfour (1808–1884), a Scottish botanist and father of Sir Isaac Bayley Balfour Places Canada * Balfour, British Columbia (aka Balfour Bay) * Rayside-Balfour, Ontario * Balfou ...
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English Enforceability Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ...
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English Consideration Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals s ...
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1875 In Case Law
Events January–March * January 1 – The Midland Railway of England abolishes the Second Class passenger category, leaving First Class and Third Class. Other British railway companies follow Midland's lead during the rest of the year (Third Class is renamed Second Class in 1956). * January 5 – The Palais Garnier, one of the most famous opera houses in the world, is inaugurated in Paris. * January 12 – Guangxu becomes the 11th Qing Dynasty Emperor of China at the age of 3, in succession to his cousin. * January 14 – The newly proclaimed King Alfonso XII of Spain (Queen Isabella II's son) arrives in Spain to restore the monarchy during the Third Carlist War. * February 3 – Third Carlist War – Battle of Lácar: Carlist commander Torcuato Mendíri secures a brilliant victory, when he surprises and routs a Government force under General Enrique Bargés at Lácar, east of Estella, nearly capturing newly crowned King Alfonso XII. The Ca ...
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